City of Kingston Report to Committee of Adjustment Report Number COA

Transcription

1 To: From: Date of Meeting: April 23, 2018 Application for: File Number: Address: Owner/Applicant: City of Kingston Report to Committee of Adjustment Report Number COA Chair and Members of Committee of Adjustment Sajid Sifat, Intermediate Planner Minor Variance D Woodbine Avenue Mike Giffin Executive Summary: This report provides a recommendation to the Committee of Adjustment regarding an application for Minor Variance for the property located at 1105 Woodbine Avenue. The applicant is proposing to develop two accessory buildings - a detached garage and swimming pool on the subject property that includes an existing single family dwelling as the primary use. The applicant is seeking relief to reduce the required side yard width for the proposed detached garage and the pool. Relief has also been requested to increase the maximum allowed height for the proposed detached garage. Relief to reduce the required side yard width has also been requested for existing accessory buildings an existing shed and an existing covered bar. The requested minor variances are consistent with the general intent and purpose of both the City of Kingston Official Plan and Zoning By-Law Number The requested minor variances are desirable for the appropriate development or use of the land, building or structure and are considered minor in nature. As such, the proposed application meets all four tests under Subsection 45(1) of the Planning Act and is recommended for approval. Recommendation: It is recommended that minor variance application, File Number D , for the property located at 1105 Woodbine Avenue to allow the development of a proposed 135 square metre detached garage, 60.2 square metre pool and recognize the existing side yard width for a covered bar and a shed, be approved. Committee of Adjustment Meeting Number 05 April 23,

2 Report to Committee of Adjustment Report Number COA April 23, 2018 Page 2 of 11 Variance Number 1: By-Law Number 76-26: Requirement: Proposed: Variance Requested: Variance Number 2: By-Law Number 76-26: Requirement: Proposed: Variance Requested: Variance Number 3: By-Law Number 76-26: Requirement: Proposed: Variance Requested: Variance Number 4: By-Law Number 76-26: Requirement: Proposed: Variance Requested: Variance Number 5: By-Law Number 76-26: Requirement: Proposed: Variance Requested: Increase maximum allowed height Detached Garage 5(1)(b) 4.57 metres 7.77 metres 3.20 metres Reduce Required Side Yard Width Detached Garage 25(2)(e) 7.62 metres 3.66 metres 3.96 metres Reduce Required Side Yard Width Pool 25(2)(e) 7.62 metres 3.05 metres 4.57 metres Reduce Required Side Yard Width Existing Outdoor Covered Bar 25(2) (e) 7.62 metres 1.68 metres 5.94 metres Reduce Required Side Yard Width Existing Shed 25(2) (e) 7.62 metres 1.37 metres 6.23 metres Approval of the foregoing variance shall be subject to the following conditions: 1. Limitation That the approved variance applies only to location and the height of the proposed detached garage and the location of the pool, outdoor covered bar and shed as shown on drawings received on 3/28/ No Adverse Impacts The owner/applicant shall demonstrate to the satisfaction of the City that there are no adverse impacts on neighbouring properties as a result of any modifications to on-site grading or drainage. Committee of Adjustment Meeting Number 05 April 23,

3 Report to Committee of Adjustment Report Number COA April 23, 2018 Page 3 of Building Permit Application Requirements The owner/applicant shall provide to the Building Division a copy of the decision of the Committee of Adjustment, together with a copy of the approved drawings, when they make an application for a Building Permit. The drawings submitted with the Building Permit application must, in the opinion of the City, conform to the general intent and description of the approved drawing(s), including any amendments and conditions approved by the Committee of Adjustment, as stated in the decision. It must be noted that additional planning approvals may be required should further zoning deficiencies be identified through the Building Permit application process. 4. Standard Archaeological Condition In the event that deeply buried or previously undiscovered archaeological deposits are discovered in the course of development or site alteration, all work must immediately cease and the site must be secured. The Cultural Program Branch of the Ministry of Tourism, Culture and Sport ( ) and the City of Kingston s Planning Division ( , extension 3180) must be immediately contacted. In the event that human remains are encountered, all work must immediately cease and the site must be secured. The Kingston Police ( ), the Registrar of Cemeteries Regulation Section of the Ontario Ministry of Consumer Business Services ( ), the Cultural Program Branch of the Ministry of Tourism, Culture and Sport ( ), and the City of Kingston s Planning Division ( , extension 3180) must be immediately contacted. Committee of Adjustment Meeting Number 05 April 23,

4 Report to Committee of Adjustment Report Number COA April 23, 2018 Page 4 of 11 Authorizing Signatures: Sajid, Sifat, Intermediate Planner In Consultation with the following Management of the Community Services Group: Paige Agnew, Director, Planning, Building & Licensing Services Lanie Hurdle, Commissioner, Community Services Committee of Adjustment Meeting Number 05 April 23,

5 Report to Committee of Adjustment Report Number COA April 23, 2018 Page 5 of 11 Options/Discussion: On February 8, 2018, a minor variance application was submitted by the owner Mike Giffin, with respect to the property located at 1105 Woodbine Avenue. The variance is requested to develop two accessory buildings a 135 square metre detached garage and a 60.2 square metre swimming pool on the subject property that includes an existing single family dwelling as the primary use. The applicant is seeking relief to the required side yard width for the proposed detached garage and the pool. Relief has also been requested to increase the maximum allowed height for the proposed detached garage. Relief to reduce the required side yard width has also been requested for existing accessory buildings an existing shed and an existing covered bar. Other than the variances listed, the proposed and existing structures/buildings on the property comply with all other applicable provisions of the zoning by-law. In support of the application, the applicant has submitted the following: Site Plan (Exhibit C); and Floor plans, section and elevation drawings for the detached garage. All submission materials are available online through the Development and Services Hub (DASH) at the following link, DASH, using Look-up a Specific Address. If there are multiple addresses, search one address at a time, or submission materials may also be found by searching the file number. Site Characteristics The subject property is located on the south side of Woodbine Road west of Bayridge Drive. The subject property is approximately 3,197 square meters in area with approximately 45 metres of frontage onto Woodbine Road. The subject property includes an existing single family dwelling on it and it is surrounded by Woodbine Road to the north, Holy Cross Secondary School to the east, single family residential dwellings to the south, and Highgate Creek and a single family residential lot to the west. A pathway connecting Woodbine Road to Bentley Terrace is located between the subject property and the Highgate Creek. The subject property is designated Environmental Protection Area - EPA and Residential in the Official Plan and zoned Development Zone - D in Zoning By-Law Number The D Zone permits an existing single family dwelling as a permitted use. The proposed detached garage and the pool are considered accessory to the single family dwelling use. Application The review of an application for minor variance(s) is not a simple mathematical calculation, but rather a detailed assessment of whether the variance(s) requested, both separately and together, meet the four tests of a minor variance outlined in Subsection 45(1) of the Planning Act. The following provides this review: Committee of Adjustment Meeting Number 05 April 23,

6 Report to Committee of Adjustment Report Number COA April 23, 2018 Page 6 of 11 1) The general intent and purpose of the Official Plan are maintained The subject property is designated Environmental Protection Area - EPA and Residential in the Official Plan (Exhibit B Official Plan) The Residential designation aims to minimize impacts on abutting properties and those within the surrounding neighbourhood, by ensuring land use compatibility, providing appropriate separation distances, ensuring the functionality of the site, and integrating design considerations as per the Urban Design policies of Section 8 of the Official Plan. The proposed variances conform to the policies in Section of the Official Plan. The proposed accessory buildings will be compatible to the surrounding uses and building, and will not have any adverse effects on the surrounding. The subject lot is designated EPA and Residential. Based on the Schedule 3 (land use) mapping in the Official Plan, the proposed detached garage is located within the EPA designation. The EPA designation on the subject property is associated with the riparian corridor of the Highgate Creek. In accordance with Section (a) of the Official Plan, which permits land uses of another land use designation applicable on the same lot when the EPA designation is solely tied to the riparian corridor, the proposed accessory buildings are permitted as accessory uses to the residential use on the subject lot. The proposed garage is located within 30 metres of the Highgate Creek and this proposal has been reviewed by Cataraqui Region Conservation Authority (CRCA) with respect to impact on the riparian corridor. The proposed development has maximized the water setback considering the required front yard depth, the location of the existing septic system and the required separation distance, and location of windows on the west wall of the existing single family dwelling. Hence, the proposed detached garage is located as shown on Exhibit E Site Plan. The CRCA is of the opinion that the location of the proposed garage within the subject lands are not integral to the function of the riparian corridor since they are separated from the creek by residential properties and a public pathway that is lined on both sides with chain link fence. CRCA is also of the opinion that an environmental impact assessment (EIA) is not required for the proposed garage for reasons stated above. In accordance with section 5.6 of the Official Plan that requires all new developments to be located outside of the area that are susceptible of erosion and flooding hazards, the CRCA has also confirmed that the proposed garage is located 15 metres from the flood line; and it is outside of the erosion hazard area. The other accessory buildings the proposed in-ground swimming pool, and the existing shed and covered bar are located within the Residential designation in the Official Plan which permits residential uses and building accessory to a residential use such as the proposed and existing buildings included in this application. Public Health was also circulated to review this application and there are no concerns with the proposed location of the garage with respect to the location of the existing septic system. Committee of Adjustment Meeting Number 05 April 23,

7 Report to Committee of Adjustment Report Number COA April 23, 2018 Page 7 of 11 The proposal meets the intent of the Official Plan, as the proposed detached garage and the proposed pool will not result in any adverse effects to adjacent properties or to the neighbourhood. 2) The general intent and purpose of the zoning by-law are maintained The subject property is zoned Development Zone - D in the City of Kingston Zoning By- Law Number 76-26, entitled "Township of Kingston Restricted Area By-Law", as amended (Exhibit C). The D zone permits an existing single family dwelling as a permitted use. The proposed detached garage and the pool are considered accessory uses to the single family dwelling and therefore are permitted in the D zone. Variance Number 1: By-Law Number 76-26: Requirement: Proposed: Variance Requested: Variance Number 2: By-Law Number 76-26: Requirement: Proposed: Variance Requested: Variance Number 3: By-Law Number 76-26: Requirement: Proposed: Variance Requested: Increase maximum allowed height Detached Garage 5(1)(b) 4.57 metres 7.77 metres 3.20 metres Reduce Required Side Yard Width Detached Garage 25(2)(e) 7.62 metres 3.66 metres 3.96 metres Reduce Required Side Yard Width Pool 25(2)(e) 7.62 metres 3.05 metres 4.57 metres Variance Number 4: Reduce Required Side Yard Width Existing Outdoor Covered Bar By-Law Number 76-26: 25(2) (e) Requirement: 7.62 metres Proposed: 1.68 metres Variance Requested: 5.94 metres Variance Number 5: By-Law Number 76-26: Requirement: Proposed: Variance Requested: Reduce Required Side Yard Width Existing Shed 25(2) (e) 7.62 metres 1.37 metres 6.23 metres The general intent and purpose of the zoning by-law is maintained through the proposed variances. The proposed buildings/structure are permitted as accessory uses. The variances propose a reduction of the yard width requirement of the zoning by-law and not Committee of Adjustment Meeting Number 05 April 23,

8 Report to Committee of Adjustment Report Number COA April 23, 2018 Page 8 of 11 to out-right eliminate the requirement for side yard width. Required yard widths in the zoning by-law ensure that impact of from any building/structure on to another building/structure is mitigated. Setbacks also allow for physical separation so that functional needs such as access, drainage, penetration of sunlight, fire separation, etc. can be achieved. The proposed variances have been reviewed in consideration of functional needs and impact onto adjacent properties and are considered to be compatible with the surrounding uses. Other than the variances listed above, the proposed and existing buildings/structures included in the scope of this application comply with all other applicable provisions of the zoning by-law. 3) The variance is minor in nature The variances are considered minor as the variances will not negatively impact any adjacent properties. It is important to the note that these variances are triggered because yard width requirements that generally apply to accessory buildings in a residential zone do not apply in this case based on the wording of Section 5 of the zoning by-law (accessory use). Given that the subject property is zoned D which is not a conventional residential zone, the setback requirements for accessory buildings default back to the parent zone and therefore, the D zone setbacks apply to accessory buildings on the subject property. The D zone requires a 7.62 metre side yard width, hence, the requested variances. The variances need to be considered in light of any impacts the proposed buildings/structures may have on use and enjoyment of neighbouring properties or buildings. The detached garage is adjacent to Highgate Creek and therefore there is no existing or future uses that can be negatively impacted either from the reduction of the side yard width or the allowable increase in height of the garage is not anticipated to negatively impact the creek. The proposed increase in height of the garage will allow for loft space that will be used for storage above the parking within the garage. The proposed height of the garage will be lower than the height of the existing single family dwelling. Hence, the proposed garage will maintain the intended massing and scale of an accessory building. The proposed 60.2 square metres pool will be at grade and therefore will not have any negative impacts on the adjacent property. The existing bar and shed comply with the maximum allowed 4.5 metre height requirement for accessory structures. The pool, shed and covered bar are located along the east property line which is separated by a fence and abuts the parking lot of the adjacent school property. There will not be any negative impacts from these structures onto the adjacent property. 4) The variance is desirable for the appropriate development or use of the land, building or structure The proposed variances will allow the accessory structures to be built which will complement the principal use of the property. The proposed garage will provide covered parking spaces for vehicles and storage for household equipment. Committee of Adjustment Meeting Number 05 April 23,

9 Report to Committee of Adjustment Report Number COA April 23, 2018 Page 9 of 11 A proposed garage attached to the side of the house would reduce the degree of variance. However, a detached garage is more desirable to ensure that the windows on the west side of the house will allow natural light to enter the single family dwelling. The location of the septic system located directly behind the proposed detached garage acts as a limitation to the relocating the garage. Hence the variance is desirable to allow the detached garage to be located as proposed. The proposed pool would add to the functional amenity space for the residential use, and add to the use and enjoyment of the property. The proposed variances are desirable for the appropriate use of the land. Provincial Policy Statement In addition to the four tests of a minor variance detailed above, Subsection 3(5) of the Planning Act requires that a decision in respect of the exercise of any authority that affects a planning matter shall be consistent with the Provincial Policy Statement (the PPS). The PPS provides policy direction on matters of provincial interest related to land use planning and development which are complemented by local policies addressing local interests. The application being considered is site specific to accommodate a specific proposal and does not involve any major policy considerations and as such, the proposal conforms to and is consistent with the PPS. Technical Review: Circulated Departments and Agencies Building Division Engineering Department Heritage (Planning Division) Finance Utilities Kingston Real Estate & Environmental Initiatives Fire & Rescue Kingston Hydro City s Environment Division Solid Waste Parks Development Canadian National Railways Housing District Councillor Ministry of Transportation KEDCO Municipal Drainage Parks of the St. Lawrence CRCA KFL&A Health Unit Trans Northern Pipelines Parks Canada Eastern Ontario Power CFB Kingston Hydro One Enbridge Pipelines TransCanada Pipelines Kingston Airport Placeholder Placeholder Technical Comments This application was circulated to external agencies and internal departments for their review and comment and there were no comments or concerns raised that would preclude this application from moving forward. Any technical comments that are received after the publishing of this report will be included as an addendum to the Committee of Adjustment agenda. Public Comments At the time this report was finalized, no public correspondence was received. Any public comments received after the publishing of this report will be included as an addendum to the Committee of Adjustment agenda. Committee of Adjustment Meeting Number 05 April 23,

10 Report to Committee of Adjustment Report Number COA April 23, 2018 Page 10 of 11 Previous or Concurrent Applications There are no concurrent or relevant historic planning applications on the subject property. Conclusion The requested variances maintain the general intent and purpose of both the City of Kingston Official Plan and Zoning By-Law Number The proposal is desirable for the appropriate development or use of the land, building or structure and the requested variance(s) are minor in nature. As such, the proposed application meets all four tests under Subsection 45(1) of the Planning Act and the application is being recommended for approval, subject to the proposed conditions. Approval of this application will allow the development of accessory buildings - a detached garage and pool. The approval will also recognize the location of existing accessory buildings on site an outdoor covered bar and a shed. Existing Policy/By-Law: The proposed application was reviewed against the policies of the Province of Ontario and City of Kingston to ensure that the changes would be consistent with the Province s and the City s vision of development. The following documents were assessed: Provincial Provincial Policy Statement, 2014 Municipal City of Kingston Official Plan Zoning By-Law Number Notice Provisions: A Committee of Adjustment Meeting is going to be held respecting this application on April 23, Pursuant to the requirements of the Planning Act, a notice of Statutory Public Meeting was provided by advertisement in the form of signs posted on the subject site 10 days in advance of the meeting. In addition, notices were sent by mail to a total number of 16 property owners (according to the latest Assessment Roll) within 60 metres of the subject property and a courtesy notice was placed in The Kingston Whig-Standard. Once a decision has been rendered by the Committee of Adjustment, a Notice of Decision will be circulated in accordance with the provisions of the Planning Act. Accessibility Considerations: Not applicable Financial Considerations: Not applicable Committee of Adjustment Meeting Number 05 April 23,

11 Report to Committee of Adjustment Report Number COA April 23, 2018 Page 11 of 11 Contacts: Paige Agnew, Director, Planning, Building & Licensing Services extension 3252 Marnie Venditti, Manager, Development Approvals extension 3256 Sajid Sifat, Intermediate Planner extension 3126 Other City of Kingston Staff Consulted: The application was circulated to the relevant internal departments and external agencies for review and comment. The responses to the technical circulation have been addressed in the technical review and included in this report. Exhibits Attached: Exhibit A Exhibit B Key Map Official Plan Exhibit C Zoning By-Law 76-26, Map 4 Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Public Notification Map Site Plan Neighbourhood Context Map Comments from CRCA Comments from Public Health Site Photos Committee of Adjustment Meeting Number 05 April 23,

12 KATHARINE CRES CONTEXT MAP SMALE CRT KATHARINE CRES LYDIA CRT COLLINS BAY RD CATARAQUI WOODS DR TAYLOR-KIDD BLVD Exhibit A WISE ST BAYRIDGE DR PRINCESS ST MEGAN 'S ST 1025 WOODBINE RD Planning, Building & Licensing Services a department of Community Services KEY MAP BENTLEY TR Applicant: Mike Giffin Owner: Mike Giffin File Number: D Address: 1105 Woodbine Road 1198 COMMITTEE OF ADJUSTMENT Metres 1:2, LEGEND Lands Subject to Minor Variance E PREPARED BY: J. Partridge DATE: 3/8/2018 Committee of Adjustment Meeting Number 05 April 23, Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston.

13 Exhibit B LYDIA CRT KATHARINE CRES WISE ST MEGAN'S ST WOODBINE RD CAITLIN CRES Planning, Building & Licensing Services a department of Community Services PREPARED BY: J.Partridge DATE: 3/8/ BENTLEY TRAIL COMMITTEE OF ADJUSTMENT OFFICIAL PLAN, Land Use Applicant: Mike Giffin Owner: Mike Giffin File Number: D Address: 1105 Woodbine Road Metres 1:2, Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston LEGEND LANCASTER DR Lands Subject to Minor Variance E ENVIRONMENTAL PROTECTION AREA OPEN SPACE RESIDENTIAL Committee of Adjustment Meeting Number 05 April 23,

14 OS KATHARINE CRES R1 R1-35 R1-44 KATHARINE CRES R R R R R R R EPA-8 R Exhibit C R1-65 R WISE ST MEGAN' S ST 1025 WOODBINE RD 1110 R D R Planning, Building & Licensing Services a department of Community Services PREPARED BY: J.Partridge DATE: 3/8/ EPA BENTLEY TERR COMMITTEE OF ADJUSTMENT ZONING BY-LAW 76-26, Map 4 Applicant: Mike Giffin Owner: Mike Giffin File Number: D Address: 1105 Woodbine Road Metres 1:2, Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston I LANCASTER DR LEGEND OS-3 Consolidated Zoning Lands Subject to Minor Variance Property Boundaries Committee of Adjustment Meeting Number 05 April 23, E

15 Exhibit D KATHARINE CRES KATHARINE CRES WISE ST MEGAN' S ST 1025 WOODBINE RD Planning, Building & Licensing Services a department of Community Services BENTLEY TERR COMMITTEE OF ADJUSTMENT PUBLIC NOTICE NOTIFICATION MAP Applicant: Mike Giffin Owner: Mike Giffin File Number: D Address: 1105 Woodbine Road LANCASTER DR LEGEND Lands Subject to Minor Variance 60 m Public Notice Boundary Property Boundaries 16 Properties in Receipt of Notice E PREPARED BY: J.Partridge DATE: 3/8/ Metres 1:2,000 Committee of Adjustment Meeting Number 05 April 23, Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston.

16 Exhibit E - Site Plan Committee of Adjustment Meeting Number 05 April 23,

17 Exhibit E - Site Plan Committee of Adjustment Meeting Number 05 April 23,

18 Exhibit E - Site Plan Committee of Adjustment Meeting Number 05 April 23,

19 Exhibit F KATHARINE CRES WI S E ST MEGAN'S ST WO OD BI N E RD Planning, Building & Licensing Services a department of Community Services BENTLEY TERR COMMITTEE OF ADJUSTMENT Applicant: Mike Giffin Owner: Mike Giffin File Number: D Address: 1105 Woodbine Road NEIGHBOURHOOD CONTEXT (2015) LANCASTER DR LEGEND E Lands Subject to Minor Variance Property Boundaries PREPARED BY: J.Partridge DATE: 3/8/ Metres 1:2,000 Committee of Adjustment Meeting Number 05 April 23, Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston.

20 Exhibit G Committee of Adjustment Meeting Number 05 April 23,

21 Exhibit G Committee of Adjustment Meeting Number 05 April 23,

22 Exhibit H Committee of Adjustment Meeting Number 05 April 23,